Wrongful Death

The loss of a loved one due to another's negligence is an indescribable pain, a grief No legal remedy can undo that loss, but accountability for negligence that causes death is both a legal and moral imperative.

What Is a Wrongful Death Claim?

A wrongful death claim is a civil action brought by the deceased person's wrongful death estate when another party's negligence, recklessness, or intentional act causes the death of a person. It is separate from any criminal proceedings and is focused on securing compensation for damages suffered by the wrongful death estate, and in some cases damages suffered by family members.

Wrongful death cases arise from many types of negligence, including medical malpractice, motor vehicle accidents, defective products, workplace accidents, and more. In New Mexico, the claim is typically brought by the personal representative of the deceased's estate on behalf of the surviving family.

What Your Family May Recover

• Medical expenses incurred prior to death
• Funeral and burial costs
• Loss of the deceased's future earnings and financial support
• Loss of companionship, love, guidance, and consortium
• Pain and suffering of the deceased between the time of injury and death
• Value of life damages apart from the deceased's earning capacity
• Punitive damages in cases involving reckless or willful misconduct

Why These Cases Demand an Experienced Attorney

Wrongful death litigation is among the most demanding in civil law. It requires expert investigation, coordination with medical and economic experts, and the ability to present complex evidence in a way that resonates with a jury. Defendants and their insurers will aggressively contest liability and damages at every step.

Felicia Weingartner has handled some of the most complex wrongful death cases in New Mexico. She approaches these cases with the respect and determination they deserve.